Justice Madhu Jain of the Delhi High Court ruled on September 8 that compelling a rape survivor to carry a pregnancy resulting from the crime impairs her fundamental right to live with dignity. The court granted a plea filed on behalf of a 15-year-old girl whose pregnancy had surpassed the statutory 24-week limit under the Medical Termination of Pregnancy (MTP) Act. The judge explicitly stated that a 15-year-old cannot be reduced to the status of a "mother" merely due to sexual violence, particularly when she has lost both parents and faces profound vulnerability.
The order directs the medical superintendent of Lady Hardinge Medical College and S K Hospital to arrange the termination at the earliest, with all expenses—including medicines, hospitalization, and care—borne by the state. Doctors are mandated to preserve fetal tissue for DNA identification, linking the medical procedure directly to the criminal investigation of the rape. The court emphasized that while the advanced gestational age requires heightened medical caution, it cannot override the minor's bodily autonomy and reproductive choice.
Justice Jain described the case as causing an "indelible sense of anguish," noting that no court order can undo the trauma endured by the child. The judgment asserts that the state's role is to provide "care, dignity, compassion, and the protection of the law" rather than impose further hardship. The Child Welfare Committee has been tasked with ensuring the girl receives all possible support to reclaim her childhood, while legal provisions for the medical care of any child born alive remain in effect.
The decision sets a critical precedent for sexual assault survivors seeking termination beyond the statutory window, prioritizing constitutional rights under Articles 226 and 32 over rigid adherence to gestational limits. The criminal case against the perpetrator proceeds in parallel, with the preserved DNA evidence now central to the prosecution's efforts to secure a conviction.